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County Administrator's Report 10. 3.

BCC Regular Meeting

Budget & Finance Consent

Meeting Date:	06/25/2015
Issue: Authorize Declaration of Restrictive Covenants and Provide Ownership and Encumbrance Reports for 3300 Mobile Highway and Mahogany Mill Boat Ramp
From:	Keith Wilkins
Department:	Community & Environment
CAO Approval:

RECOMMENDATION:

Recommendation to Authorize the Recording of Declaration of Restrictive Covenants and Provide Ownership and Encumbrance Reports for 3300 Mobile Highway and Escambia County Mahogany Mill Boat Ramp - Keith T. Wilkins, Community & Environment Department Director

That the Board take the following action:

A. Authorize the recording of the Declaration of Restrictive Covenants required by the Florida Department of Environmental Protection (FDEP) for the properties located at 3300 Mobile Highway and the Escambia County Mahogany Mill Boat Ramp Facility; and

B. Provide current Ownership and Encumbrance Reports on each property to support the Declaration of Restrictive Covenant documents.

The Florida Department of Environmental Protection (FDEP) has requested that the County provide Ownership and Encumbrance Reports for the County-owned properties located at 3300 Mobile Highway and Escambia County Mahogany Mill Boat Ramp Facility as required documentation for Restrictive Covenants which are to be recorded on the properties. The Florida Statute Section 125.411 prohibits the County from warranting its own properties of conveyance. The County Attorney's Office has concerns that the updated titles constitute a form of warranty which would violate Florida Statute 125.411.

[Funding: Fund 151, Barrancas and Brownsville Tax Increment Financing (TIF), Cost Centers 220515 and 220519]

BACKGROUND:

Escambia County staff has conducted environmental remediation on these two properties: Escambia County Mahogany Mill Boat Ramp Facilities and 3300 Mobile Highway. These remediations were conducted under instructions based on agreements entered into with the Florida Department of Environmental Protection (FDEP). These agreements require that the County record deed restrictions on the individual properties to protect the remedial structures and eliminate exposure to residual contamination risks. The County is seeking to have the FDEP issue a Site Rehabilitation Completion Order (SRCO) for the 3300 Mobile Highway property which will negate any further environmental remediation on the site. The County entered into a Brownfield Site Rehabilitation Agreement (BSRA) with the FDEP on the Mahogany Mill Boat Ramp Facility. Each of these projects requires restrictive covenants to be place on the site to reduce human exposure to site contamination. The FDEP is requiring as part of the deed restriction backup documentation, standard updated title information.

BUDGETARY IMPACT:

Funding for the updated title will be paid from Fund 151, CRA Cost Centers 220515 and 220519.

LEGAL CONSIDERATIONS/SIGN-OFF:

The County Attorney has been briefed and is aware of the situation.

PERSONNEL:

No additional personnel are needed related to the recommendation.

POLICY/REQUIREMENT FOR BOARD ACTION:

Board action is required to fulfill this task.

IMPLEMENTATION/COORDINATION:

The CRA Staff will coordinate implementation tasks and execute any documents needed to complete the project.

Attachments
F.S. 125.411
Stephen West Email